« PreviousContinue »
that nearly half those cases were stillborn. In the case of which leave to defend is given, without insertion in the special 31,808 actions nothing was over heard of them after the issue list, will again become subject to order 30. of the writ. No step whatever was taken after the issue (and Turning now to Table I. above, we find that the total number probably service) of the writ. The presumption is that they of casos tried in court under the general list was 2,196, and if were ordinary debt actions and that the mere issue (and prob- we have rightly judged that the real and only purpose of the ably service of the writ secured the payment of the claim. new order 30 is to sift out from that group of cases those which
The remaining 35, 944 Queen's Bench actions were all disposed ought to be tried without pleadings, it is this particular item of by the machinery of the court, with the exception of 1,510 which is the true working-ground of the new departure in proremitted to the county courts. This leaves 31,434 actions which cedure inaugurated by that order. remained in the High Court and were there disposed of in one Our inquiry, therefore, has led us to the conclusion that way or another. We may divide the various processes or a summons for directions will have to be issued in 3,223 out of methods which the court has established for disposing of its the 35,944 actions disposed of by the court, but that the actual actions in the Queen's Bench Division into three separate intention of order 30 is merely to control and direct a portion of branches. First, by the automatic action of rules dealing with the 2,196 cases which are tried in court under the general list. default on the part of defendants, in which case there is no The total of 3,223 cases in which the summons for directions application to the judge or master, judgment being obtained by will be issued is arrived at by deducting from the 35,914 cases filing the necessary proofs and producing the necessary papers disposed of in the Queen's Bench Division those which are dealt at the judgment department. Secondly, by summary order of with automatically without order (Table I.) and also the estithe master in chambers without the intervention of the judge ; mated number of those which are dealt with under order 14 and, thirdly, after trial before a judge or official referee. (Table II.) all of which are exempted from the operation of the
The following table will show how the court in 1895 disposed | new order 30. by one or other of the above processes of the 35,944 cases which It is not possible by analysis of the 2,196 cases which go to wore dealt with in the Queen's Bench Division in 1895 : trial on pleadings, to estimate oven approximately the number
of those which will be sifted out from that total as cases which TABLE I.
can and ought to be tried without pleadings. The power given 1. Automatically without order.
to the court by order 30 is discretionary, and it is impossible as Judgment in default of appearance
yet to estimate the amount of rigour with which it will be Judgment in default of defence
exercised. We have, however, shewn that the probable scope Judgment on return to writ of ioquiry
of the new order 30 is very much more limited than appears at 2. Summarily, in chambers, without trial.
first sight. Under order 14 (see Table II.)
We have only one general criticism to offer. If we have On orders to stay, consent orders, &c.
rightly assumed that the new order 30 was intended merely to 12,542
enable the court to control interlocutory proceedings in Queen's 3. After trial.
Bench actions sent to trial, why was it also applied to Chancery By referees In Commercial Court
actions for which it is not really intended ? We have already Special list under order 14
suggested the probable reason for this. It may have been In court (general list) ...
intended to prevent litigants on the Queen's Bench side from 2,681
evading the new rule by bringing what are properly Queen's
Bench actions in the Chancery Division, But if this was the
35,944 Less remitted actions
1,510 reason, one is tempted to ask whether the same purpose would
not have been completely attained if the new order had.con
34,434 tained as one of the classes of actions excepted from its operation The above statement presents in clear outline precisely what by rule 1 (d) the further exception of all actions specifically became of all the actions dealt with in the Queen's Bench assigned to the Chancery Division by section 34 of the principal Division in a single year. It does not, however, do more than Act and order 54b. It would then have applied only to such show how those actions were terminated, and gives no informa- actions brought in the Chancery Division as were in their nature tion as to interlocutory proceedinge. It' is especially necessary cutside the limits of its special jurisdiction, and would not have to bear this in mind with regard to the number of cases dealt needlessly disturbed Chancery procedure in the great bulk of its with under order 14 in the second heading of the above table. actions by writ. The 12,000 cases under order 14 do not represent the total number of summonses issued under that order, for there were 13,352 summonses issued, and it is necessary for our purpose that we should analyze that total, because the issue of such a summons is
JUDICIAL REPEAI. 15 THE SETTLED LAND ACTS. an alternative provided by the new order 30 to the issue of a
I. summons for directions.
We have already pointed out that the decisions in Re Meade's TABLE II.
Settled Estates (1897, 1 Ir. Rep. 121) and Re Tibbits' Estates 1. Summonses under Order 14...
13,352 (1897, 2 Ch. 149) cannot be supported (41 SOLICITORS' Journal, 2. Orders made.
708). We now proceed to give the reasons for our opinion, and Unconditional leave to defend
to state some of the consequences of these decisions. Conditional leave to defend For final judgment
We must refer our readers to our former article for a full 7 739 10,468
account of the facts in each of these cases ; for the present purExcess of summonses issued over orders
pose it may suffice to say that the decisions in Re Meade's Settled made
2,884 Estates and in Re Tibbits' Estates lay down that the instrument by It is reasonable to assume from the above figures that in which portions or jointures are charged under a power contained 2,884 cases the order made under order 14 was never drawn up, I in a settlement constitute, together with the original settlement, probably because the defendant had merely been fighting for a compound settlement. Re Tibbits' Estates also decided that time, and paid, or arranged for payment, when the master charges made on the marriage of a tenant for life on his life decided against him. It is not possible to say precise ly in how estate, such as pin-money, and a disentailing deed and resettlemany actions summonses under order 14 were issued, because mont by a tenant ia tail, also form part of the compound settlesome of the 13,352 summonses were, no doubt, separate appli- ment. So far as we have stated the decisions thoy may be cations against different defendants in the same action. But we unobjectionable ; but they appear also to lay down that a purmay assume that there were not less than 12,000 different chaser cannot safely pay his purchase-money to the trustees of actions which came under the operation of order 14, and that the original settlement on a sale by the tenant for life ; or, in total may be taken to represent the approximate number of other words, that where any instrument executed subsequently cases which will be excepted from the operation of order 30, to the original settlement forms together with it a “compound su bject to the somewhat debateable question whether a case in settlement,” the power conferred by the Settled Land Acts on
the tenant for life of the original settlement cannot be exercised | monoy, the careful conveyancer took care not to destroy the unless and until trustees of the compound settlement are power of sale conferred by the settlement, but, according to the appointed.
decision in Re Tibbits' Estates, trustees of the compound settleWe need hardly point out the extreme inconvenience that will ment will have to be appointed by the court before the sale can arise if these decisions are upheld. No person will henceforth be made. be able safely to accept a conveyance of any nature, even a
The Settled Land Act, 1882, has now been in operation for lease (unless it falls within the exception contained in the nearly fifteen years—half a generation; the provisions of the Settled Land Act, 1890, s. 7) from a tenant for life purporting Act were, immediately after it came into operation, adopted by to act under his statutory powers without ascertaining whether all competent conveyancers, and it must be extremely rare that
compound settlement has been created-a fact which possibly a strict settlement, executed after 1882, contains an express may not be wiibin the knowledge of the tenant for life. For if power of sale. The general opinion of conveyancers has been the decisions are correct, it appears to be in the power of any that the conveyance of a tenant for life under the Act operates adult tenant in tail-oven for a remote remainderman—to render so as to pass the land conveyed discharged, not only from the it difficult, or even impossible, for the tenant for life to exercise uses and powers of the settlement, but also from all estates his statutory powers. The tenant in tail has only to bar his created by virtue of those powers ; the result being that a purestate tail and resettle the base fee which he acquires. A sub- chaser was not concerned to see whether any of the powers had sequent exercise of his statutory powers by the tenant for been exercised, except a power under which money bad been life will be invalid (with the exception above pointed out), actually raised (see Wolstenholme, Brinton, & Cherry, p. 321 ; since notice of bis intention to exercise the powers will have the note by Mr. Ker, 1 K. & E., 4th ed., p. 506; and the still been given to, and, in case of a sale, the purchase-money will more emphatic opinion of the editors of the 5th edition 1 K. be paid to, the wrong persons-namely, the trustees of the & E, p. 457). Having regard to these opinions, it cannot be 'original settlement, instead of the trustees of the compound doubted that a vast number of titles have been accepted on a settlement. Possibly the safer plan for the remainderman who conveyance by a tenant for life under a settlement, on payment wished to harass the tenant for life would be to give notice to of the purchase-money to the trustees of that settlement, without him, and to the trustees of the original settlement, that a resettle- making inquiry whether powers of jointuring, &c, have been ment had been made, without giving him sufficient information exercised; it follows that, if the decisions above referred to are to enable him to make a proper application to the court to have correct, a vast number of titles are bad. trustees appointed of the compound settlement.
We do not wish to create unnecessary alarm, but we must It is a rule that, in the construction of a statute, we must point out that many cases must have occurred when small parts take into consideration what was the law before the statute ; of a settled estate have been sold for building purposes, and what was the defect in that law, and what remedy Parliament that, owing to the fall in value of land, the residue of tho provided for it, "and then the office of all the judges is always estate, together with the purchase-money, will, at the death of to make such construction as shall suppress the mischief and the tenant for life, be insufficient to provide for the jointures advance the remedy, and to suppress subtle inventions and and portions, in which case, if the sale is invalid, the jointress evasions for continuance of the mischief . . . and to add force and portioners may possibly be able to have the jointure and and life to the cure and remedy, according to the true intent of portions raised out of the land comprised in the invalid sale ; the makers of the Act pro bono publico" (Heydon's case, 3 Rep., at also, possibly, the Crown may be able to claim estate duty in p. 76; see also, to the same effect, Attorney-General v. Earl of respect of the land which was sold, on the ground of the inPowys, Kay_186; Cope v. Doherty, 4 K. & J. 367; Phillippe v. validity of the sale. Rees, 24 Q. B. D. 17; Pelton Brothers v. Harrison, 1891, 2 Q. B. Now that the defect has been pointed out, it will always be
for the abstract of the settlement to state any powers The defects of the law before the passing of the Settled Land of jointuring, &c., which have been exercised, and to abstract Act, 1882, and the remedy intended to be provided by Parlia- the deeds by which the jointures and portions were appointed, ment, are tersely stated by Lord HALSBURY, C., in Bruce v. and to have trustees appointed by the court of the compound Ailesbury (1892, A. C., at p. 361), as follows : ""The power settlement formed by the original settlement and the deeds of given for the tenant for life to sell, notwithstanding that by the appointment. We need hardly say that the necessity of having terms of the settlement the powers did not extend beyond his trustees appointed by the court will occasion great delay and own life, seems to me, apart from any extraneous consideration, expense. We may add that sometimes the appointments are enough to show that what the statute intended to do was to not in the possession of the tenant for life, and that he appears release the land from the fetters of the settlement—to render it to have no right to have a deed appointing a jointure produced & marketable article notwithstanding the settlement. And, to him, as it does not affirmatively prove his title ; and as, historically, one knows very well what were the objections made although the charge of the jointure is a “mortgage” within to the law of settlement in its effect upon the cultivation and the meaning of the Conveyancing Act, 1881, the tenant for life useful occupation of the land."
is not a person entitled to redeem, and therefore has no right to The decisions which show that the statutory power of sale can production under section 16. readily be made incapable of being exercised without an applica No doubt in future settlements the careful draftsman will tion to the court are opposed to the spirit of the Settled Land guard against the necessity of applying to the court in tb.eso Act, 1882, so that there is a very strong presumption that they cases, either in the manner suggested at 41 SOLICITORS' JOURNAL, are erroneous; in other words, that they cannot be upheld p. 709, or by the insertion in the original settlement of an unless they clearly fall within the express words of the Act. express power of sale. We cannot help thinking that the rule
We now proceed to show that if the decisions above referred of construction above laid down affords a strong reason for to aro upheld it will be far more difficult and expensive to sell thinking that the decisions in question are erroneous. land settled by a settlement made after the Settlod Land Act, We will now consider the words of the Act. The Act of 1882, came into force than by one made before that time, 1882, s. 2 (1) provides that, assuming in each case that the settlement was drawn by an
“ Any deed, will, agreement for å settlement, or other agreement, expert conveyancer.
covenant to surrender, copy of court roll, Act of Parliament, or other It commonly happens that a strict settlement contains powers instrument, or any number of instruments, whether made or passed of jointuring and charging portions. If these were exercised, before or after, or partly before and partly after, the commencement the power of sale usually inserted in settlements before 1883 of this Act, under or by virtue of which instrument or instruments remained exerciseable and overrode_them, while, according to any land, or any estate or interest in land, stands for the time being Re Meade's Estates and Re_ Tibbits' Estates, the statutory power limited to or in trust for any persons by way of succession, creates or conferred by the Settled Land Act, 1882, cannot be exercised is for purposes of this Act å settlement, and is in this Act referred until trustees of the compound settlement, formed by the settle to as a settlement or as the settlement, as the case requires.” ment containing the powers and the deed by which the powers Or, to state it concisely, "any instrument or any number of were exercised, have been appointed by the court.
instruments by virtue of which any land or any estate in land Where a tenant for life charged his life estate with piu- stands limited to or in trust for any persons by way of succes
sion, is a settlement.” It will be observed that the section does It is, of course, impossible to particularize all the cases in which the not say "all the instruments by which land is settled are a information supplied is commonly defective, but attention is called settlement." The word used is "any," which means a sole below to a few of the instances which most frequently occur.
It will be clearly understood that, in requesting that these particulars instrument or any number of instruments, or all the instruments by which land is settled. Thus, to take the case of Re Ailesbury may be furnished, no ruling whatever is intended as to how a particular
case will be adjudicated. and Ivongh (1893, 2 Ch. 345), where there were a series of deeds by which jointures were limited, followed by a resettlement,
Nature of Point Raised.
Requisition. we may consider all the deeds as a compound settlement of the
I.- AGREEMENTS FOR SALE. fee; all, except the first, as a compound settlement of the feo subject to the first jointure; and the resettlement as a Where it is claimed that any Furnish separate values of the settlement of the fee subject to all the jointures. The tenant part of the subject matter of the property coming within each of for life under the resettlement is also necessarily tenant for life Agreement is exempt from ad the heads in respect of which under each of the compound settlements, but as he can only valorem duty as falling within one exemption is claimed, and state
the ground on which the exempconvey the land " for the estate or interest the subject of the or another of the exceptions consettlement” (Settled Land Act, 1882, 8. 20 (1)), the effect of a Act, 1891 (i.e., as being a legal Sheet or Valuation is in existence,
tained in Section 59 of the Stamption is claimed. Where a Balance conveyance by him depends upon whether he conveys as tenant estate or interest in lands, tene which shows the value of the for life under a compound settlement or under the resettlement.
meats, hereditaments, or heritages, several items or any of them to If he conveys as tenant for life under the compound settlement or as being property locally situate be as stated, this is ordinarily formed of all the instruments, he conveys free from all the out of the United Kingdom, or sufficient evidence of value, and jointures, while if he conveys as tenant for life under the goods, wares or merchandise, or it should, therefore, accompany the resettlement only, he conveys subject to all the jointures. stock, or marketable securities, or Abstract. Where no such Balance
Now consider the case of Re Meade's Settled Estates. Here any ship or vessel, or part interest, Sheet or Valuation is in existence, there was a strict settlement, followed by a charge under powers share, or property of or in any ship some reasonable evidence of value
must be supplied. of appointment of pin-money jointure and portions, and a limita- or vessel).
Where the Purchaser takes over A list of these must be supplied, tion of a term to secure them. In this case the estate in the land
or indemnifies the Vendor against accompanied by similar documensettled by the original settlement was the same as that settled by mortgage or other debts and liabili- tary evidence, showing that the the compound settlement. So that, whether the tenant for life ties.
amounts are correct, sells as tenant for life under the original settlement or under the compound settlement, he can convey the same estate. Add to
II.-CONVEYANCE ON SALE. this that, if he sells as tenant for life of the original settlement,
Where the property is sold State the amount owing for his conveyance passes the land " discharged from all the limita- subject to a mortgage.
principal and interest, if any, if tions, powers, and provisions of the settlement, and from all
the purchaser undertakes payment estates, interests, and charges subsisting or to arise thereunder."
thereol) at the date of the Con. So that it is expressly enacted that the conveyance by the tenant
veyance. for life of the original settlement shall pass the land free from
Generally, if property is sold State the amount thereof, the pin-monoy jointure and portions charged, and from the term subject to, or in consideration of limited under the power.
the taking over or release of any It may be objected that we have been discussing only the debt or pecuniary liability. question whether the tenant for life must sell as tenant for life 111.--ConveyaCNE OR TRANSFER On any OCCASION EXCEPT SALE of the original or of the compound settlement, while the
OR MORTGAGE. decisions in question related to whether the purchase-money ought to be paid to the trustees for the purposes of the Settled If the Conveyance or Transfer Produce the Deed of Appoint
ment. Land Acts of the original or the compound settlement. The is made on the occasion of the question, however, is the same in substance, as both the tenant appointment of a New Trustee.
if the Conveyance or Transfer is Produce the Settlement. for life (section 2 (5)) and the trustees (section 2 (8)) are made for effectuating a Settlement. defined by reference to“ a settlement," which obviously means the same thing in each case.
IV.-INSTRUMENT DISSOLUTION OF PARTNERSHIP,
AGREEMENT OR CONVEYANCE.
Produce a copy of the Balance
between the partners, showingADJUDICATION AND DENOTING OF INSTRUMENTS
(a) The amount of the liaUNDER THE STAMP ACT.
bilities (se parating ONE of the results of the enormous number of new companies which
mortgages from current
trade liabilities); have recently come into existence has necessarily been a great increase
(b) The liquid assets (stockin the business of the Adjudication Department at Somerset House.
in-trade, cash, and book Agreements for sale, and conveyances and assignments in pursuance of
debts) ; and such agreements, have constantly, under Section 59 of the Stamp Act,
(c) (If the fact is not disclosed 1891, to be presented either for denoting payment of the ad valorem duty
by the instrument) the on the conveyance, or for transferring the ad valorem duty to the con
share of the out-going veyance, or obtaining an adjudication stamp on the conveyance.
partner in the partnerSolicitors will be glad to hear that arrangements have been made for
ship assets. extending the official hours within which deeds and other original documents required to be produced for purposes of adjudication or
V.—MORTGAGE, &c. denoting can be lodged at Somerset House. Such instruments may NOTE.—A security for advances now be lodged at the Solicitor's Department, Somerset House, between without limit cannot be the subject the hours of 10 and 4 o'clock, except on Saturdays, when the hours are of adjudication. 10 to 1 o'clock.
Where a Trust Deed secures Produce the Debentures executed The Solicitor of Inland Revenue has issued a circular calling the payment of Debentures.
and duly stamped. attention of Solicitors and others tendering instruments for adjudication Where it is claimed that col. Produce the principal or primary under Section 12 of the Stamp Act, 1891, to the great extra trouble and lateral, auxiliary, addition or sub- security. delay which are occasioned both to the public and to the Department by stituted security duty only is reason of the fact that the parties osten fail, in the first instance, to payable. supply, with the Abstract, the information that is obviously necessary
VI.-TRANSFER OF MORTGAGE. to enable an assessment to be made. He says that as the work of the adjudication branch has very largely increased and appears to be on the
In all cases.
State the amount of interest in increase, it is thought that the public may be fairly called upon to
arrear (if any) at the date of prevent in future the occurrence of this difficulty.
Nature of Point Raised.
Furnish particulars of
LONDON LOCAL GOVERNMENT, settled, whether in possession or
Stocks and Securities if not speci- London Local GOVERNMENT : THE LAW RELATING TO THE LONDON
fied in the Settlement, and in any reversion, and whether the interest
COUNTY COUNCIL, THE VESTRIES AND DISTRICT BOARDS ELECTED settled is contingent or vested. case produce a statement of the
UNDER THE METROPOLIS MANAGEMENT ACTS, AND OTHER LOCAL several items as at date of Settle
AUTHORITIES. By John HUNT, Barrister-at-Law. Two Volumes. ment
Stevens & Sons (Limited.).
Mr. Hunt is to be congratulated on having accomplished successfully
a very difficult task. London Local Governnient has become a com(b.) Where there is no quota- plicated subject, and it will be of great use to the legal profession to
tion, based on the have within the compass of two neat and well-printed volumes the age of the latest private whole of the statutes which regulate the government of the Metropolis transactions, which can by its various local authorities. We do not know of any other work generally be obtained which covers precisely the same ground. Its scope is far wider than from the Secretary of that of "Woolrych's Metropolis Management Acts," the latest the Company
edition of which was published before either the Local Govern
ment Act, 1888, or the Public Health (London) Act, 1891, had Where a share only in a rever In addition to the above particu become law, and is now in many respects obsolete. Mr. Hunt sionary interest in a Trust fund is lars of the investments of the fund deals with the constitution, powers, and duties of the London settled.
at the date of Settlement state the County Council, the vestries and district boards, and several Settlor's interest therein.
minor authorities. He has adopted the method of collecting Where a Settlor covenants to State whether the Settlor was at and annotating the statutes and the more important statutory orders settle other property which he the date of Settlement entitled, in bearing on the subject. The first volume contains the main enactments, may then have, but which is not possession or reversion, or in de viz, the Local Government Acts of 1888 and 1894, the Metropolis specifically mentioned.
fault of the exercise of a power of Management Acts, the Public Health (London) Act, the London appointment, to any money, stocks, Building Act, Michael Angelo Taylor's Act, and some others. In the or shares not specified in the deed, second volume is a collection, in alphabetical order of their subjectand give as above particulars and matter, of subsidiary enactments affecting the bodies with which the value of such property.
book is concerned, and the exercise of their powers and duties ; these Where the settled fund com
are also annotated. The notes throughout the work are concise and prises a policy of life insurance
to the point. Numerous references to cases are given, and these (a.) If the Settlement (or any
(a.) State the amount of any have been brought down to July of the present year. other instrument) con.
The collection of statutory orders is not intended to be comtains provision for
plete : to make it SO would have involved keeping the policy on
increase in the bulk of the work; but those orders which are foot.
of permanent and practical importance are set out. In one case () If there is such (6.) Produce a certificate of the author has included an order (as to the election of vestrymen in provision.
the surrender value 1897) which is already spent, and would have been better omitted. We from
the Insurance do not like the position of the index at the end of the first volume ; it Company.
comprises, of course, references to the second volume, and we would have N.B.-Particulars of the value
preferred to find it in its natural place at the end of the work, or, better of unsold landed property brought
still, to find it in duplicate at the end of each volume. We also think into Settlement, whether subject
that the arrangement of statutes in the second volume is open to to a trust for sale or not, need not
criticism. An arrangement according to subjects leads, of necessity, to be furnished.
the splitting up of a single statute dealing with different subjects. EXEMPTIONS.
Most practitioners will, we think, find it preferable to have each statute
complete by itself, the arrangement being in chronological order, and the Where it is claimed that pro
State the section of the Act con notes and index supplying the necessary references to other statutes perty is not chargeable with daty ferring the exemption, and give an dealing with each particular subject. But these small defects will not by reason of an exemption not explanation of the grounds for seriously interfere with the usefulness of Mr. Hunt's excellent work. arising under any Revenue Act. claiming that the instrument falls
THE STOCK EXCHANGE,
THE LAW AND PRACTICE OF THE STOCK EXCHANGE. WITH APPENWe have to announce the receipt of the issue for 1898 of our old
DICES. CONTAINING THE RULES AND REGULATIONS ANNOTATED, friend the Lawyer's Companion and Diary. In addition to all the AND FORMS OF INSTRUMENTS ACCOMPANYING A MORTGAGE OF useful matter usually contained in it, there has this year been added SECURITIES. By B. E. SPENCER BRODHURST, M, A., B.C.L., to the name of each country town in the list of country solicitors the
Barrister-at-Law. William Clowes & Sons (Limited). name of the county court for such place. The book is, as usual, excellently got up. We have also received Messrs. Waterlow Bros. This book gives a very interesting and useful account of the law & Layton's Legal Diary and Almanack for 1898. It contains, in and practice incident to dealings in stocks and shares. It contains addition to lists of English counsel and solicitors, lists of Irish and all that is needful to be known by the stockbroker and the lawyer, Scotch solicitors; and a great deal of information on legal maiters. while laymen who are interested, either as investors or as specula
The annual dinner of the Hardwicke Society was held on Monday at the tors, will be able by its help to follow the somewhat intricate Criterion Restaurant, Piccadilly-circus. The chair was taken by the presi
course of an actual sale and purchase of securities on the Stock dent, Mr. F. M. Sherwood. In reply to the toast of "Our Judges," Mr.
Exchange The latter class will find special interest in the chapter Justice Bryne said that he owed a deep debt of gratitude to the Hardwicke on "The Course of Business on the Stock Exchange,” and in that in Debating Society. He was glad to see that the society was now more which Mr. Brodhurst has given a glossary of Stock Exchange terms. flourishing than ever, and numbered in its ranks men who would probably The latter explains the technical terms in use among brokers and do even more credit to it than those who had gone before. Mr. Justice jobbers, and the former takes up an imaginary dealing in shares--a Bigham, who also replied, said he looked upon the society as representing sale of two lots of £500 Brighton “A” stock to a buyer of £1,000 the youih, energy, and learning of the Bar of England. A society such as of the stock--and traces the whole course of the transaction, from theirs was of inestimable advantage to the whole of the profession. It was its commencement, when the price is made by the jobber, to its extremely desirable at the Bar that its members should be able to say what final settlement, when the stock is actually transferred. In the they had to say in the simplest possible manner, and a society like the Hardwicke gave them a trainiog which would enable them to do so. He had left his
course of his account Mr. Brodhurst explains also the bookkeeping work at the Bar with the greatest reluctance ; it was the occupation in which operations of the various brokers and jobbers concerned, and no he took the deepest delight, and when he left it he doubted, and still did so, point upon which practical information can be of service seems to be whether the happiest years of his life had not been passed. It was when he omitted. Of the other chapters some will appeal specially to members was at the Bar, s'ruggling amongst the niany around him, that he had passed of the Stock Exchange-such are “ The Stock Exchange and its his very happiest days. If, in his new capacity, they found him falling short Management” and “ Stock Exchange Securities”—and some to of his duties he trusted they would tell him of it, an 1 they would find he lawyers. The points of law which arise in connection with share was always willing to listen and desirous to learn.
transactions are, as is well known, numerous and difficult. Of
recent years special prominence bas been given to the question of AND A COPIOUS INDEX. THIRTEENTH EDITION. By EDWARD gambling speculations. By a curious error Mr. Brodhurst appears WILLIAM BRABROOK, F.S.A., Barrister-at-Law, Chief Registrar of to say in his preface that the law relating to wagering contracts Friendly Societies. Shaw & Sons. rarely affects bargains in stocks and shares, but in the text a more
We gather from the preface to the collection of reports of cases practical view is taken, and in the cbapter on the.“ Avoidance of the affecting friendly societies that the previous collection, published in Contract,” the cases which have turned upon the illegality of wager- 1892, has been for some time out of print. The task of forming a ing contracts are fully discussed. These include Forget v. Ostigny fresh collection was entrusted by the authorities of the Manchester (43 W. R. 590), in which the Privy Council recently defined the Unity of Oddfellows to Mr. Diprose, and with the assistance of Mr. nature of legitimate speculation, and Strachan v. Universal Stock Gammon, a clerk in the chambers of Mr. Justice Kekewich, it has Exchange (43 W. R. 611), in which the Court of Appeal held that been very adequately performed. A large number of the cases are there was sufficient evidence to justify a jury in holding dealings in reprinted from the former edition. There is a full report, for shares to be a gambling transaction, notwithstanding the regularity instance, from this source of the case of Schofield v. Vause in which of the documents in which they were embodied. This result was, the decision of the Vice-Chancellor of Lancaster, denying to a we believe, affirmed by the House of Lords, though Mr. Brodhurst branch the right to secede from the central society against does not appear to notice the fact. The chapter on Mortgages of
the wishes of Stocks and Shares” is well written, and the Appendix contains affirmed after a four days' hearing by the Court of Appeal. As in
dissentient minority of its members, was two useful forms of agreement upon mortgage, which, being under hand, require by virtue of section 23 of the Stamp Act, 1891, a six- many of the cases, the arguments are given at length. The new
cases have been taken from the ordinary series of law reports, and penny stamp only. This notice of a book which promises to become the newspapers also have been laid under contribution. They include a standard work on the law of the Stock Exchange would not be the case of Regina v. Duncan before the Recorder of Bristol, on complete without reference to the interesting introductory chapter in appeal Duncan v. Dowding (pp. 128, 551), in which the Royal Antewhich the history of stockbroking in this country is traced. diluvian Order of Buffaloes had the merit of establishing the point
that the police have no right under the Licensing Acts to enter rooms
in a public house let to a society and used for the purposes of music SOLICITORS.
and singing. Other recent cases which have been in the Court of A TREATISE UPON THE LAW AFFECTING SOLICITORS THE Appeal, and which are reported here, are Cunnack v. Edwards, on the
SUPREME COURT. WITH APPENDICES CONTAINING THE SOLICI- application of the funds of a society whose objects are exhausted,
volume of the law of friendly and similar societies originally compiled The law which touches solicitors personally, as distinguished from by. Mr. Tidd Pratt and now edited by Mr. Brabrook. But in the main the law in which they are only interested on behalf of clients, is so
it is a reprint of the Friendly Societies Act, 1896, and the Industrial extensive that a new and careful statement of it is sure to meet and Provident Societies Act, 1893. The book has long been known as with a welcome. Such a statement appears to be contained in the solidation of the Friendly Societies Acts by the Act of 1896 has made
a handy guide to the Acts dealing with these societies, and the convolume before us. Among the more important topics discussed are the procedure before the Discipline Committee and upon their report, a new edition indispensable. The introduction contains an interestthe authority conferred by retainer upon a solicitor, the method of ing account of the course of legislation on the subject. charging under the Remuneration Order, solicitor's lien, and the procedure and practice on taxation, and upon these Mr. Poley has succeeded in placing the results of the statutes, rules, and cases
ADMINISTRATION. clearly before his readers. At p. 161, in discussing the power of a solicitor to incur unusual expenses, it is perhaps hardly enough to THE PRACTITIONER'S GUIDE TO THE DUTIES OF EXECUTORS AND say that a client who enjoys the benefit of the expenses will be pre
ADMINISTRATORS, FROM DEATH TO DISTRIBUTION; WITH WHICH
IS INCORPORATED LAYTON & HART'S PRACTICAL GUIDE TO THE sumed to have authorized them if he was cognizant of the facts. In litigious matters the circumstance of chief importance is that he
MAKING AND PROVING OF WILLS. Revised and corrected by AN should be distinctly informed by the solicitor that the expenses are
OFFICIAL OF THE LEGACY AND SUCCESSION DUTY OFFICE, SOMERextraordinary and cannot be recovered from the other side, and this
SET HOUSE. Waterlow Bros. & Layton (Limited). is rather a matter of law than of fact. In Re Blyth (10 Q. B. D. In chapters on Wills and the Wills Act, Office of Executor and 207), one of the cases to which Mr. Poley refers, the shorthand notes, Proof of Will, Office of Administrator, Rights and Duties, &c., of the costs of which were in question, were taken with the full Executors and Administrators, Chain of Representation, and Death cognizance of the client, but since he was not 'informed that they Duties, this book contains much practical information upon tho were not recoverable on party and party taxation it was held that he course of the administration of the estate of a deceased person. It was not liable.
Elsewhere at p. 230 this is expressly stated. On would have been improved had the arrangement of the matter been p. 293 a paragraph pointing out the distinction with regard to scale more carefully attended to, and had the table of contents shown costs between the creation and the transfer of an easement is seriously where information on particular topics was to be found. The commarred by defects of punctuation. But the book as a whole appears piler has, indeed, been more careful in collecting his materials than to be accurately written, and the author has spared no pains to in putting them into the form adapted for a text-book. But subject collect the most recent cases, and to state their effect fully and to this remark, the book is a convenient guide to the duties of an clearly. The series of cases which have been gradually elucidating executor and administrator, and the authorities have been introthe effect of the Remuneration Order form an important subject for duced in such a manner as to make a perusal of the book interesting. discussion and arrangement of which Mr. Poley has not failed to In general they are taken from the recognized sources, but not take advantage, and the cases on the implied authority of a partner infrequently the assistance of unreported cases is invoked. The in a firm of solicitors are conveniently collected. There is a full courts may, as it is remarked, be more reluctant than ever to assume index, but happily one item, which implies that company-promoting death-though we are not aware that it is 80—but surely any court is professional misconduct, is not borne out by the text. Altogether would presume death under such circumstances as those in Re the work is a useful addition to the existing books on the law affect- Murray, mentioned at p: 88. Here the person alleged to ing solicitors.
known to have gone at night to the
neighbourhood of a lime-kiln, and in the morning various FRIENDLY SOCIETIES.
personal articles belonging to him were found with what might be REPORTS OF LAW CASES AFFECTING FRIENDLY SOCIETIES, CON- that date seems to complete a pretty clear case of death. At p. 152
supposed to be bis bones in the kiln. lIis total disappearance from TAINING MOST IMPORTANT DECISIONS, WITH COPIOUS INDEX_OF there is a full table of succession to real and personal property, and PRACTICAL POINTS, TABLE OF CASES, ABBREVIATIONS AND Ex- elsewhere the results of the text are usefully summarized-at p. 162, PLANATIONS, REFERENCES TO ACTS OF PARLIAMENT; TOGETHER for instance, where the duties of an executor are enumerated. In WITH FRIENDLY SOCIETIES Act, 1896 (59 & 60 Vict. c. 25); Ex- the chapter on death duties it would have been an advantage to have TRACT (AFFECTING FRIENDLY SOCIETIES) FROM POOR LAW AMENDMENT ACT, 1876; AND THE POOR LAW AMENDMENT ACT, able. Instead of this, the chapter plunges at once into the provi
an introductory statement of the nature of the duties now charge1879; ALSO THE PROVIDENT NOMINATIONS AND SMALL INTES- sions of the Finance Act, 1894, with respect to estate duty, and then, TACIES ACT, 1883. Compiled by JOHN DIPROSE, P.G.M., in succession, the various other statutes imposing duty are referred assisted by JOSEPH GAMMON, P.P.G.M. Reeves & Turner.
to. All these statutes, as well as several other germane to the THE LAW OF FRIENDLY SOCIETIES AND INDUSTRIAL AND PROVI- subject, are given in full in the Appendix, and this part contains also
DENT SOCIETIES, WITH THE ACTS, OBSERVATIONS THEREON, the various Inland Revenue forms for payment of duty. Toe book FORMS OF RULES, &C., REPORTS OF LEADING CASES AT LENGTII, will be found to be of considerable practical value.